Case: Rafeedie v. Immigration and Naturalization Service

1:88-cv-00366 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 12, 1988

Closed Date: June 5, 1997

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Case Summary

In 1988, plaintiff Rafeedie, a Jordanian national and permanent resident alien who had resided in the U.S. since 1975, filed suit in the U.S District Court for the District of Columbia to challenge the decision of the Immigration and Naturalization Service ("INS") to conduct summary exclusion proceedings against him under Section 235(c) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1225(c). The INS invoked the summary procedure on alleged confidential information that it received which indicated that plaintiff was a high-ranking member of the Popular Front for the Liberation of Palestine. ("PFLP"). Under the summary proceedings, plaintiff was not given a hearing, had no opportunity to present witnesses. He was only allowed to present a written statement without knowing what evidence the government allegedly had against him. Plaintiff claimed that these summary proceedings violated the Due Process Clause of the Fifth Amendment and his rights under the First Amendment rights. He moved for a preliminary injunction barring the INS from conducting summary and ordinary exclusion proceedings.

The government moved to dismiss for a variety of reasons, including failure to exhaust administrative remedies.

On June 15, 1988, the District Court denied the government's motion to dismiss and granted plaintiffs motion for a preliminary injunction and denied plaintiff's motion for partial summary judgment as to some of his claims. Rafeedie v. I.N.S., 688 F.Supp. 729 (D.D.C. 1988). Reconsideration was denied but a stay was granted pending appeal. Rafeedie v. I.N.S., 1988 WL 90201 (D.D.C. Aug 04, 1988).

On appeal, United States Court of Appeals for the District of Columbia Circuit affirmed in part as to the injunction against summary exclusion proceedings under section 1225(c), but reversed the injunction against ordinary proceedings under 8 U.S.C. § 1226, and reversed the holding that Rafeedie may not have a right to due process. The case was remanded for further proceedings. Rafeedie v. I.N.S., 880 F.2d 506, 279 (D.C.Cir. 1989)

On remand, the District Court (Judge Joyce Hens Green) granted summary judgment to plaintiff in part and to the government in part. The Court held that the INS' attempt to use summary exclusion proceedings against the plaintiff violated due process. The Court noted that until this case, the INS had not utilized summary exclusion procedures against permanent residents for 40 years and that such proceedings were not warranted given the facts developed in the record. The Court also found that several sections of the challenged statute were constitutionally invalid. Rafeedie v. I.N.S., 795 F.Supp. 13 (D.D.C. 1992). Both parties appealed but subsequently withdrew their appeals and entered into a Settlement Agreement. Under the terms of the settlement, the government agreed to admit Rafeedie as a permanent resident alien and dropped its exclusion proceedings against him.

Following the settlement, plaintiff moved for an award of attorneys' fees and costs, which the District Court granted in the amount of $258,385.00. Rafeedie v. I.N.S, 1996 U.S. Dist. LEXIS 22505 (Aug. 22, 1996). The government appealed the fee award but subsequently dismissed its appeal.

Summary Authors

Dan Dalton (12/21/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9281455/parties/rafeedie-v-ins/

Judge(s)

Green, Joyce Hens (District of Columbia)

Attorney for Plaintiff

Cole, David L. Jr. (Maryland)

Dyk, Timothy B. (District of Columbia)

Fennerty, James Russell (Illinois)

Attorney for Defendant

Hausman, Allen W. (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Green, Joyce Hens (District of Columbia)

Attorney for Plaintiff

Cole, David L. Jr. (Maryland)

Dyk, Timothy B. (District of Columbia)

Fennerty, James Russell (Illinois)

Kircher, Kerry W. (District of Columbia)

Lapiana, John K. (District of Columbia)

Maggio, Michael (District of Columbia)

Taylor, William W. III (District of Columbia)

Van Der Hout, Marc (California)

Attorney for Defendant

Hausman, Allen W. (District of Columbia)

Hunolt, James A. (District of Columbia)

Joyce, William P. (Massachusetts)

Lindemann, Michael (District of Columbia)

Wendtland, Linda S. (District of Columbia)

Other

Spitzer, Arthur (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:88-cv-00366	Docket (PACER) Rafeedie v. INS	June 9, 1997	June 9, 1997 Docket
39 1:88-cv-00366	Memorandum Opinion [re: Preliminary Injunction, Summary Judgment, and Motion to Dismiss]	June 15, 1988	June 15, 1988 Order/Opinion 688 F.Supp. 729
52 1:88-cv-00366	Order [re: Reconsideration]	Aug. 4, 1988	Aug. 4, 1988 Order/Opinion 1988 WL 90201
82 1:88-cv-00366	Memorandum Opinion	May 28, 1992	May 28, 1992 Order/Opinion 795 F.Supp. 13
113 1:88-cv-00366	Memorandum Opinion and Order [re: Attorneys' Fees and Costs]	Aug. 22, 1996	Aug. 22, 1996 Order/Opinion 1996 U.S.Dist.LEXIS 22505

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9281455/rafeedie-v-ins/

Last updated Sept. 22, 2026, 10:44 p.m.

Docket for: RAFEEDIE v. INS

ECF Number	Date	Description	Link
1	Feb. 12, 1988	COMPLAINT filed; Exhibits (6); summons issued (ew) (Entered: 02/16/1988)	RECAP
2	Feb. 12, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for DAVID COLE to appear pro hac vice (ew) (Entered: 02/16/1988)	RECAP
3	Feb. 12, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ;EXHIBIT (MOTION FOR PRELIMINARY INJUNCTION WITH P&A'S) (ew) (Entered: 02/16/1988)	RECAP
4	Feb. 16, 1988	NOTICE OF SERVICE of motions for admission pro hac vice, leave to exceed page limitation, preliminary injunction and summary judgment and request for hearing (je) (Entered: 02/18/1988)	RECAP
5	Feb. 16, 1988	AFFIDAVIT OF SERVICE of summons and complaint US Attorney 2/12/88 (je) (Entered: 02/18/1988)	RECAP
6	Feb. 18, 1988	ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Allen W. Hausman (hls) (Entered: 02/19/1988)	RECAP
7	Feb. 19, 1988	MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment (je) (Entered: 02/22/1988)	RECAP
8	Feb. 22, 1988	RESPONSE (OPPOSITIONS) by plaintiff FOUAD YACOUB RAFEEDIE motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 02/23/1988)	RECAP
9	Feb. 22, 1988	ORDER by Judge Joyce H. Green granting motion for DAVID COLE to appear pro hac vice [2-1] for all purposes (N) (je) (Entered: 02/23/1988)	RECAP
10	Feb. 22, 1988	ORDER by Judge Joyce H. Green granting motion to file excess pages limitation [3-1] (N) (je) (Entered: 02/23/1988)	RECAP
11	Feb. 22, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for preliminary injunction, and for partial summary judgment ; exhibits (3) (je) (Entered: 02/23/1988)	RECAP
12	Feb. 22, 1988	NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of Exhibit 1 to memorandum in support of motions for preliminary injunction and partial summary judgment; attachment (fiat) JOYCE HENS GREEN, J. (je) Modified on 02/29/1988 (Entered: 02/23/1988)	RECAP
13	Feb. 23, 1988	RETURN OF SERVICE executed as to defendant EDWIN MEESE III 2/16/88; attachment (je) (Entered: 02/24/1988)	RECAP
14	Feb. 23, 1988	ORDER by Judge Joyce H. Green granting in part, denying in part motion to extend time to 3/11/88 to oppose pltf's motions for preliminary injunction and partial summary judgment [7-1] response to motions deadline 3/11/88, reply to response for summary judgment due 3/23/88, deft's reply to response to motion to dismiss due 3/28/88, denying request of pltf for consolidation of the hearing on motions, and status hearing for 10:30 4/8/88, each side given 40 minutes; and defts consent to extend time for pltf to submit his "written statement and accompanying information to 10 days after a decision on motions (N) (je) (Entered: 02/24/1988)	RECAP
	Feb. 23, 1988	STATUS HEARING before Judge Joyce H. Green : OTBP reporter Gordon Slodysko (je) (Entered: 02/24/1988)	PACER
	Feb. 23, 1988	STATUS HEARING before Judge Joyce H. Green : OTBP reporter Gordon Slodysko (je)
15	Feb. 24, 1988	AFFIDAVIT OF SERVICE of summons and complaint upon defendant INS 2/18/88; attachment (je) (Entered: 02/25/1988)	RECAP
16	March 11, 1988	ATTORNEY APPEARANCE for defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS by Linda S. Wendtland, William P. Joyce CD/N (je) (Entered: 03/14/1988)	RECAP
17	March 11, 1988	REQUEST by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to file opposition to motion for preliminary injunction in excess of page limitation ; (exhibit-- OPPOSITION) (je) (Entered: 03/14/1988)	RECAP
18	March 11, 1988	MOTION by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS to dismiss (je) (Entered: 03/14/1988)	RECAP
19	March 11, 1988	MEMORANDUM by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS in opposition to motion for partial summary judgment [11-2] by FOUAD YACOUB RAFEEDIE; exhibits (55); attachments (2), appendixes (2) (je) Modified on 03/15/1988 (Entered: 03/14/1988)	RECAP
20	March 16, 1988	ORDER by Judge Joyce H. Green : status hearing rescheduled for 10:00 4/11/88 on defts motion to dismiss and pltf's preliminary injunction (N) (je) (Entered: 03/17/1988)	RECAP
	March 16, 1988	SUMMONS (3) issued (je) (Entered: 03/16/1988)	PACER
	March 16, 1988	SUMMONS (3) issued (je)
21	March 22, 1988	ORDER by Judge Joyce H. Green : granting motion to file opposition to motion for preliminary injunction in excess page limitation [17-1] (N) (je) (Entered: 03/23/1988)	RECAP
22	March 22, 1988	MEMORANDUM by defendant in opposition to motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 03/23/1988)	RECAP
23	March 23, 1988	AFFIDAVIT OF SERVICE of summons and complaint upon defendant JAMES BUCK 3/18/88; attachment (je) (Entered: 03/24/1988)	RECAP
24	March 23, 1988	AFFIDAVIT OF SERVICE of summons and complaint upon defendant ROBERT L. BROWN 3/21/88; attachment (je) (Entered: 03/24/1988)	RECAP
25	March 23, 1988	REQUEST (renewed) by plaintiff FOUAD YACOUB RAFEEDIE for consolidation of hearing on motions (je) (Entered: 03/24/1988)	RECAP
26	March 23, 1988	MEMORANDUM by plaintiff FOUAD YACOUB RAFEEDIE in opposition to motion to dismiss [18-1] by INS, EDWIN MEESE III, ALAN NELSON, JAMES BUCK, ROBERT L. BROWN (je) (Entered: 03/24/1988)	RECAP
27	March 23, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE to file excess pages limitation ; (exhibit--REPLY) (je) (Entered: 03/24/1988)	RECAP
28	March 24, 1988	AFFIDAVIT OF SERVICE of summons and complaint upon defendant ALAN C. NELSON 3/22/88; attachment (je) (Entered: 03/24/1988)	RECAP
29	March 24, 1988	REPLY to memorandum in opposition [19-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE (fiat) (cjp) (Entered: 03/28/1988)	RECAP
30	March 25, 1988	RESPONSE by defendant motion for consolidation of hearing on motions [25-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 03/28/1988)	RECAP
32	March 25, 1988	REPLY to memorandum in opposition [22-1] by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN by plaintiff FOUAD YACOUB RAFEEDIE; exhibit (1) (cjp) (Entered: 03/28/1988)	RECAP
31	March 28, 1988	ORDER by Judge Joyce H. Green : granting motion to file excess pages limitation [27-1] (N) (cjp) (Entered: 03/28/1988)	RECAP
33	March 28, 1988	REPLY to memorandum in opposition [26-1] by FOUAD YACOUB RAFEEDIE by defendants; addendum (cjp) (Entered: 03/29/1988)	RECAP
34	April 7, 1988	ORDER by Judge Joyce H. Green : granting motion for consolidation of hearing on motions [25-1] for preliminary injunction/partial summary judgment (N) (je) (Entered: 04/08/1988)	RECAP
35	April 11, 1988	NOTICE OF FILING by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN MEESE III, defendant INS of declaration of Ambassador L. Paul Bremer, III; attachment (je) (Entered: 04/12/1988)	RECAP
	April 11, 1988	MOTION HEARING by FOUAD YACOUB RAFEEDIE motion for partial summary judgment [11-2] taken under advisement, by FOUAD YACOUB RAFEEDIE motion for preliminary injunction [11-1] taken under advisement, by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN motion to dismiss [18-1] taken under advisement before Judge Joyce H. Green : reporter Gordon Slodysko (je) (Entered: 04/12/1988)	PACER
	April 11, 1988	MOTION HEARING by FOUAD YACOUB RAFEEDIE motion for partial summary judgment [11-2] taken under advisement, by FOUAD YACOUB RAFEEDIE motion for preliminary injunction [11-1] taken under advisement, by INS, EDWIN MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN motion to dismiss [18-1] taken under advisement before Judge Joyce H. Green : reporter Gordon Slodysko (je)
36	April 20, 1988	LETTER dated 4/14/88 from Fergus McKeever to Judge Joyce Hens Green regarding treatment of Rafeedie (FIAT) (N) JOYCE GREEN, J. (je) (Entered: 04/21/1988)	RECAP
37	May 16, 1988	ORDER by Judge Joyce H. Green : directing the parties to advise the court in writing by 5/18/88 whether they consent to an extension of the status quo until 6/1/88 (N) (je) (Entered: 05/17/1988)	RECAP
38	May 31, 1988	ORDER by Judge Joyce H. Green : directing parties to advise the Court in Writing by 6/1/88 whether they consent to an extension of the status quo until 6/20/88 (N) (je) (Entered: 06/01/1988)	RECAP
39	June 15, 1988	MEMORANDUM OPINION by Judge Joyce H. Green (N) (je) (Entered: 06/16/1988)	RECAP
40	June 15, 1988	Preliminary Injunction ORDERED by Judge Joyce H. Green : granting motion for preliminary injunction [11-1] by FOUAD YACOUB RAFEEDIE; defts and their officer, employees, agents, servants and attorneys, be and they are HEREBY preliminarily enjoined from continuing to conduct exclusion proceedings against pltf under Section 235(c) of the Immigration & Nationality Act, 8 USC Sec. 1225(c) or from conduction any exclusion proceeding against pltf on the basis of charges brought under 8 USC Sec. 1182(a)(27) and (a)(28)(F) and entering any order of exclusion or deportation against pltf on the basis of proceedings conduction under these sections; and it is FURTHER ORDERED that this preliminary injunction shall continue in FULL FORCE AND EFFECT UNTIL THE CONCLUSION OF THIS LITIGATION OR UNTIL EARLIER ORDER OF THE COURT; SO ORDERED. (N) (je) (Entered: 06/16/1988)	RECAP
41	June 29, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for reconsideration, or, in the alternative for order certifying issue as appropriate for immediate appeal ; attachments (2) (je) (Entered: 06/29/1988)	RECAP
42	June 29, 1988	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for order suspending status call (je) (Entered: 06/29/1988)	RECAP
43	July 1, 1988	MOTION for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration ; (exhibit-- MEMORANDUM) (je) (Entered: 07/06/1988)	RECAP
44	July 1, 1988	ORDER by Judge Joyce H. Green : granting motion for order suspending status call [42-1] by FOUAD YACOUB RAFEEDIE; suspending status call set for 7/7/88 until further order of the Court (N) (je) (Entered: 07/06/1988)	RECAP
45	July 8, 1988	ORDER by Judge Joyce H. Green : granting motion for American Civil Liberties Union and American Immigration Lawyers Association to file amicus brief in support of pltf's motion for reconsideration [43-1] (N) (je) (Entered: 07/11/1988)	RECAP
46	July 8, 1988	MEMORANDUM by amicus AMER.CIVIL LIB.UNION, amicus AMER. IMMIG. LAWYERS in support of motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/11/1988)	RECAP
47	July 11, 1988	RESPONSE by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/12/1988)	RECAP
48	July 18, 1988	REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for reconsideration [41-1] by FOUAD YACOUB RAFEEDIE, motion for order certifying issue as appropriate for immediate appeal [41-2] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/19/1988)	RECAP
49	July 18, 1988	NOTICE OF INTERLOCUTORY APPEAL by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN from Order entered 6/16/88. No fee paid/US Government. Copies mailed to Kerry W. Kircher and Arthur B. Spitzer. (je) (Entered: 07/19/1988)	RECAP
	July 19, 1988	TRANSMITTED PRELIMINARY RECORD on appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals (je) (Entered: 07/19/1988)	PACER
	July 19, 1988	TRANSMITTED PRELIMINARY RECORD on appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals (je)
50	July 25, 1988	SUPPLEMENTAL MEMORANDUM to reply to motion for reconsideration or for order [48-1] by FOUAD YACOUB RAFEEDIE (je) (Entered: 07/26/1988)	RECAP
	July 25, 1988	Text not available. (Entered: 07/26/1988)	PACER
	July 25, 1988	Text not available.
51	July 27, 1988	NOTICE OF FILING by defendant INS, defendant EDWIN MEESE III, defendant ALAN C. NELSON, defendant JAMES BUCK, defendant ROBERT L. BROWN certificate as to transcript and statement of issues to be presented on appeal. USCA/N (ela) (Entered: 08/01/1988)	RECAP
	July 28, 1988	USCA# 88-5240 assigned for appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS (ela) (Entered: 07/28/1988)	PACER
	July 28, 1988	USCA# 88-5240 assigned for appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS (ela)
52	Aug. 4, 1988	ORDER by Judge Joyce H. Green : denying motion for reconsideration of Court's decision of 6/15/88 as to Count II [41-1] by FOUAD YACOUB RAFEEDIE; denying without prejudice to renew pltf's motion for reconsideration of Court's decision of 6/15/88 as to Count IV; granting pltf's motion for certification of issues regarding Count II; staying this action pending further resolution of issues on appeal. (N) (je) (Entered: 08/05/1988)	RECAP
	Oct. 13, 1988	TRANSMITTED RECORD ON appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals. (USCA#88-5240) (ela) (Entered: 10/13/1988)	PACER
	Oct. 13, 1988	RECEIPT ACKNOWLEDGED for record delivered to USCA. USCA#88-5240. (ela) (Entered: 10/14/1988)	PACER
	Oct. 13, 1988	TRANSMITTED RECORD ON appeal [49-1] by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN MEESE III, INS to U.S. Court of Appeals. (USCA#88-5240) (ela)
	Oct. 13, 1988	RECEIPT ACKNOWLEDGED for record delivered to USCA. USCA#88-5240. (ela)
53	Jan. 18, 1989	NOTICE by plaintiff's counsel of change of address (ZUCKERMAN, SPAEDER, GOLDSTEIN, TAYLOR & KOLKER, 1201 Connecticut Avenue, N.W., Washington, DC 20036, 202/778-1800) CD/N (je) (Entered: 01/23/1989)	RECAP
54	July 28, 1989	TRANSCRIPT filed for date of 4/11/88 reporter: G.A. SLODYSKO (ela) (Entered: 07/31/1989)	RECAP
55	Nov. 17, 1989	ANSWER for defendants ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS, (ajr) (Entered: 11/21/1989)	RECAP
56	Nov. 17, 1989	MOTION by ROBERT L. BROWN, JAMES BUCK, ALAN C. NELSON, EDWIN A. MEESE III, INS for judgment on the pleadings (ajr) (Entered: 11/21/1989)	RECAP
58	Dec. 5, 1989	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for status hearing, to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings, or, for to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings (ajr) (Entered: 12/07/1989)	RECAP
57	Dec. 6, 1989	CERTIFIED COPY of judgment filed in USCA on 7/21/89 Affirming In Part, REVERSING In Part the Judgment of USDC and REMANDING these cases to USDC in accordance with the Opinion; OPINION, appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 & 88-5267 (ela) (Entered: 12/07/1989)	RECAP
59	Dec. 6, 1989	RESPONSE by defendant motion for status hearing [58-1] by FOUAD YACOUB RAFEEDIE, motion to stay temporarily plaintiff's obligation to respond to defendants' motion fjor judgement on the pleadings [58-2] by FOUAD YACOUB RAFEEDIE, motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE (ajr) (Entered: 12/08/1989)	RECAP
	Dec. 6, 1989	AWARD OF COSTS filed in USCA to Fouad Yaoub Rafeedie and taxed against Immigration & Naturalization Service, et al. in the amount of $485.91. (USCA#88-5240;88-5267) (ela) (Entered: 12/07/1989)	PACER
	Dec. 6, 1989	AWARD OF COSTS filed in USCA to Fouad Yaoub Rafeedie and taxed against Immigration & Naturalization Service, et al. in the amount of $485.91. (USCA#88-5240;88-5267) (ela)
60	Dec. 11, 1989	ORDER by Judge Joyce H. Green : granting motion to extend time to 1/19/90 in which to repond to defendants' motion for judgement on the pleadings [58-3] by FOUAD YACOUB RAFEEDIE response to motion due 1/19/90 for FOUAD YACOUB RAFEEDIE ; reply to motion due 2/2/90 ; (N) (ajr) (Entered: 12/14/1989)	RECAP
61	Dec. 15, 1989	NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of attorneys Timothy Dyk and John Lapiana withdrawing their appearance as counsel for the plaintiff; CD/N (clv) (Entered: 12/18/1989)	RECAP
62	Jan. 19, 1990	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings EXHIBIT (memorandum) (ajr) (Entered: 01/23/1990)	RECAP
64	Jan. 22, 1990	MOTION by defendant to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement, and to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement (ajr) (Entered: 01/23/1990)	RECAP
63	Jan. 23, 1990	ORDER by Judge Joyce H. Green : granting motion for leave to file in excess of pages' limitation his memo in support of his renewed motion for partial summary judgement and in opposition to defendants' motion fjor judgement on the pleadings [62-1] by FOUAD YACOUB RAFEEDIE (N) (jaw) (Entered: 01/23/1990)	RECAP
65	Jan. 23, 1990	MOTION by plaintiff FOUAD YACOUB RAFEEDIE for partial summary judgment Appendix (ajr) (Entered: 01/25/1990)	RECAP
66	Jan. 23, 1990	ORDER by Judge Joyce H. Green : granting motion to extend time to 2/2/90 in which to respond to plaintiff's renewed motion for partial summary judgement [64-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN, granting motion to file in excess of pages' limitation their response to plaintiff's renewed motion for partial summary judgement [64-2] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN response to motion for summary judgement due 2/2/90 (N) (ajr) (Entered: 01/25/1990)	RECAP
67	Jan. 24, 1990	STIPULATION filed and fiated by Judge Joyce H. Green that plaintiff may file 1st amended complaint (N) (fiat) (ajr) (Entered: 01/25/1990)	RECAP
68	Jan. 24, 1990	AMENDED COMPLAINT by plaintiff FOUAD YACOUB RAFEEDIE amending complaint [1-1]. Exhibits (6) (ajr) (Entered: 01/25/1990)	RECAP
69	Feb. 2, 1990	ANSWER by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to amended complaint (cjp) (Entered: 02/05/1990)	RECAP
70	Feb. 2, 1990	REPLY by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS to opposition to motion for judgment on the pleadings [56-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN (cjp) (Entered: 02/05/1990)	RECAP
71	Feb. 2, 1990	RESPONSE by defendant ROBERT L. BROWN, defendant JAMES BUCK, defendant ALAN C. NELSON, defendant EDWIN A. MEESE III, defendant INS in opposition to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE (cjp) (Entered: 02/05/1990)	RECAP
72	Feb. 5, 1990	MOTION by plaintiff FOUAD YACOUB RAFEEDIE to extend time to 2/23/90 to reply to motion for partial summary judgment (clv) (Entered: 02/06/1990)	RECAP
73	Feb. 8, 1990	ORDER by Judge Joyce H. Green : granting motion to extend time to 2/23/90 to reply to motion for partial summary judgment [72-1] by FOUAD YACOUB RAFEEDIE reply motion for summary judgement due 2/23/90 ; (N) (ajr) (Entered: 02/08/1990)	RECAP
74	Feb. 20, 1990	CERTIFIED COPY of judgment filed in USCA on 7/21/90 Affirming In Part and Reversing In Part the judgment of USDC and REMANDING case to USDC with instructions and for further proceedings, all in accordance with the Opinion. OPINION; appeal [49-1] by INS, EDWIN A. MEESE III, ALAN C. NELSON, JAMES BUCK, ROBERT L. BROWN USCA# 88-5240 (ela) (Entered: 02/22/1990)	RECAP
	Feb. 20, 1990	AWARD OF COSTS filed in USCA to appellee/cross appellant, Fouad Yacoub Refeedie and taxed against appellant/cross appellee, Immigration and Naturalization Service, et al. in the sum of $485.91. USCA88-5240 & 88-5267 (ela) (Entered: 02/22/1990)	PACER
	Feb. 20, 1990	AWARD OF COSTS filed in USCA to appellee/cross appellant, Fouad Yacoub Refeedie and taxed against appellant/cross appellee, Immigration and Naturalization Service, et al. in the sum of $485.91. USCA88-5240 & 88-5267 (ela)
75	Feb. 23, 1990	REPLY by plaintiff FOUAD YACOUB RAFEEDIE to response to motion for partial summary judgment [65-1] by FOUAD YACOUB RAFEEDIE. Attachments (2) (ajr) (Entered: 02/26/1990)	RECAP
76	Feb. 23, 1990	NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of opinion from USDC/CD California, attached to plaintiff's reply [75-1] concerning his renewed motion for partial summary judgement (q.v.) (ajr) (Entered: 02/26/1990)	RECAP
77	March 15, 1990	NOTICE OF FILING by plaintiff FOUAD YACOUB RAFEEDIE of executed declaration of Ibrahim Abu-Lughod. Attachment (ajr) (Entered: 03/15/1990)	RECAP
78	April 8, 1992	ORDER by Judge Joyce H. Green : parties shall advise the Court by 5/4/92 of the recent legislative & judicial developments, their impact on the instant case & the various causes of actions, and of the status of pltf's exclusion proceedings (N) (jaw) (Entered: 04/08/1992)	RECAP
79	May 4, 1992	MEMORANDUM by plaintiff(s) FOUAD YACOUB RAFEEDIE in response to 4/7/92 Court order; attachments (sm) (Entered: 05/05/1992)	RECAP
80	May 4, 1992	MEMORANDUM by defendants in response to 4/8/92 Court order (sm) (Entered: 05/05/1992)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 12, 1988

Closing Date: June 5, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Permanent resident alien challenging the government's initiation of summary exclusion against him.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Immigration and Naturalization Service

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Other Dockets:

District of District of Columbia 1:88-cv-00366

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Recommended Citation

Case Summary of Rafeedie v. Immigration and Naturalization Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/10197/ (last updated 12/21/2007).